Opening a joint account is often one of the first steps after a marriage or civil partnership. For many couples, this solution allows them to centralize daily expenses and simplify budget management. But However, should you pay all your income into it and abandon your personal accounts? Not necessarily. The answer depends in particular on the matrimonial regime chosen, but also on the financial situation of each person.
Because behind a simple banking organization there are sometimes important legal issues hidden. In the event of divorce, inheritance or even disagreement within the couple, the origin of certain sums can become a sensitive subject. “If you just got married, it all depends on the regime under which you got married »recalls Maître Anne-Laure Casado, lawyer and member of the National Bar Council. Joint account, separate accounts or mixed formula: here are the questions to ask yourself before making a decision.
1. Do we have to open a joint account after marriage or a civil partnership?
No. No text requires married or civil partnership couples to open a joint account. Each spouse or partner can perfectly keep their personal account and continue to receive income from it. The joint account simply remains a practical tool for paying certain common expenses such as rent, monthly mortgage payments, co-ownership charges or even energy bills. Moreover, even when a joint account exists, nothing prohibits maintaining one or more individual accounts in parallel.
2. Does the matrimonial regime change the answer?
Yes, it’s even the central element. For couples married under the separation of propertyMaître Anne-Laure Casado recommends maintaining a certain financial autonomy. “In separation of property, the ideal would be for everyone to keep their personal account and for their salary to be paid into this account. Then, each person makes a contribution to the joint account to pay the couple’s expenses. »explains the lawyer. In this configuration, the joint account is mainly used to finance common expenses. For example, spouses can fund the account equally for current expenses or according to their share of ownership when they purchased real estate together.
On the other hand, for couples married under the legal regime of community reduced to acquisitions, automatically applicable in the absence of a marriage contract, the logic is different. “From the moment we enter a community, all earnings and salaries are common »recalls Master Casado. In this case, centralizing income in a joint account often seems more natural.
3. Can we put everything on a common account?
This is not always advisable. Even when the spouses are married under a community regime, certain property remains legally property. own goods within the meaning of articles 1405 et seq. of the Civil Code. This is particularly the case:
- property owned before marriage;
- inheritances;
- donations received personally;
- of certain personal property.
However, mixing these amounts with the couple’s income in a joint account can complicate things later. “It’s good to have a personal account when you receive a donation or inheritance so that these funds never pass through the joint account”advises Master Casado.
4. What do we risk by mixing personal money and common money?
The main risk is having to later prove the origin of the funds. Let’s take the example of a spouse who receives a large inheritance and then pays this money into the couple’s joint account. In the event of divorce, he will be able to recover these sums, but provided it can be demonstrated that it was indeed equity capital. “Whoever received this inheritance will have to demonstrate that this money was put into the joint account and that it was indeed their own funds”explains the lawyer.
This demonstration can become complex several years later, particularly when the sums were used to finance current household expenses. Case law regularly recognizes the right to reward or claim between spouses when own funds have benefited the community, but it is still necessary to be able to provide proof.
5. What documents must absolutely be kept?
This is a point often overlooked. Bank statements, inheritance certificates, gift certificates and proof of transfers are essential documents for tracing the origin of funds. “You must keep the account statements”insists Maître Casado. “The bank keeps records, but when requested several years later, they are often charged. » This precaution may seem excessive at the time of marriage or civil partnership. However, it considerably facilitates the settlement of a divorce or inheritance several years later.
6. Does the joint account impact your taxes?
Opening a joint account does not change your tax situation. It is not the organization of your bank accounts that determines your tax method, but your marital status. Married couples and PACS partners are in principle subject to a joint income tax returnwhich allows the tax administration to calculate the tax taking into account the resources of the entire household.
On the other hand, having a joint account can facilitate the payment of common expenses, in particular payment of income tax or property tax. For married couples under the regime of separation of property, keeping personal accounts in parallel remains useful in order to clearly distinguish each person’s expenses and to preserve the traceability of personal funds.
The most often recommended solution
In practice, many professionals today favor a mixed formula:
- a personal account for each member of the couple;
- a joint account dedicated to common expenses.
This organization makes it possible to simplify daily management while preserving a certain financial autonomy. It also offers better traceability of personal fundsparticularly in the case of a donation, inheritance or investment made before the union. Getting married or entering into a civil partnership therefore does not necessarily imply completely merging your finances. The choice depends above all on the legal regime of the couple, their assets and their common life plan.
